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J.M.MALIK
Metcalfe & Hodgkinson – Appellant
Versus
Peace Trade Concern, office – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Prem Anand, Advocate
For the Respondents: Nemo.

ORDER

J. M. Malik, Presiding Member—The complainant, Peace Trade Concern, filed this case against two Opposite Parties, which are mentioned in detail as follows:-

“1. Ping An Property Insurance Company of China Ltd.

Integrated Operation Centre, B 1 Area, 4th Floor, 1 Building No. 1158 of Shanfeng Road, Pudong, Shanghai City, China- ZIP 201201, And also carrying on business in India through, Metcalfe & Hodgkinson Pvt. Ltd., Flat No. 412 A, 4th Floor, Mansarovar, 90, Nehru Place, New Delhi-110019

2. Tirupati Carrying Corporation,, 34 A, Maharshi Debendra Road, P.S. Joransanko, Kolkata- 700006”

2. Peace Trade Concern, the complainant in this case placed an order with the Suppliers/Shippers, M/s Beijing Xinyiborui Chemical Plant, China and 98 drums containing 19800kgs. of Calcium Carbide was dispatched by ship from Xingang, China to Kolkata Port. Such goods were transported from Kolkata Port to Nepal by Tirupati Carrying Corporation-OP-2, which is a road carrier and for that an insurance from OP-I, of goods detailed above was obtained by the complainant. On 20.07.2007, in Nepal, it transpired that the drums were in variously damaged condition and a survey was conducted by M/s Marine













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